Ord. 1211-2015 2015-11-23ORDINANCE NO. 1211-2015
An ordinance of the city council of the City of Pearland, Texas,
amending Chapter 10, Fire Prevention and Protection, of the City
of Pearland Code of Ordinances, as it may have been, from time to
time, amended, to amend Article III, entitled Fire Code; having a
savings clause, a severability clause, and a repealer clause; and
providing for codification and an effective date.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That Chapter 10, Fire Prevention and Protection, of the City of
Pearland Code of Ordinances, is hereby amended to AMEND Article III, entitled Fire
Code, to read as follows:
"ARTICLE III. FIRE CODE
10-46. Fire code adopted.
There is hereby adopted the "City of Pearland Fire Code," which shall consist of the
International Fire Code, 2015 Edition, including appendices as published by the
International Code Council, Inc. A copy of said code shall be maintained in the office of
the city secretary.
10-47. Local amendments.
The fire code adopted in Section 10-46 is hereby modified as follows:
(a) The following provisions are added:
(1) 106.4.1 No waiver. The failure of the Pearland Fire Marshal to enforce
any provision of the fire code shall in no case constitute or be deemed a
waiver of the applicability of said provision or the authority of the Fire
Marshal to enforce it.
(2) 106.4.2 Acceptable compliance alternative. The Pearland Fire Marshal
or his designee may accept an alternative method of achieving
compliance with any provision of the fire code proposed by the owner or
user of a facility, if in the Fire Marshal's judgment said alternative is
equally effective in achieving the objective of the fire code, is more
practicable to effect than the usual required method of compliance, and
does not negatively impact current or future compliance with the fire code
or any other code.
(3) 106.1.1 Inspection by Fire Marshal. The Pearland Fire Marshal or his
designee shall inspect all registered and licensed personal care facilities,
foster care, child-care, and group homes within the City of Pearland for
compliance with the fire code and life safety code.
ORDINANCE NO. 1211-2015
(4) 907.5.1.1 Evacuation. Upon activation of any automatic fire alarm
system, all occupants of the structure shall be evacuated and shall
remain outside the structure until the fire department has determined that
no fire or danger exists. To enable fire department personnel to locate
the area or zone activated, occupants of the structure shall not reset an
alarm activation.
(5) 3405.8 Off-loading of trucks. All incoming tires by truck or trailer shall
be off-loaded within 24 hours and worked into stock on non-combustible
racks as required for all tire storage. Tires are not to be left on the ground
at the end of the workday and the truck or trailer transporting the
incoming tires shall be removed from the site immediately following off-
loading.
(6) 3405.9 Public nuisance declared. Tires not designated for retail or
wholesale consumption shall not be allowed to accumulate above the
limits herein established regardless of their form, whether whole, split,
shredded, or chopped, or so as to constitute a fire or health hazard. Any
accumulation in violation of this section shall be deemed a public
nuisance and their prohibition shall extend to all of the city's extra-
territorial jurisdiction (ETJ) within five thousand (5,000) feet of the city's
corporate limits.
(b) The following provisions are deleted in their entirety:
(1) 905.5.1 Groups A-1 and A-2.
(2) 905.5.2 Protection.
(3) 905.5.3 Class II system 1 inch hose.
(c) The following provisions are adopted in place of the identically numbered
provisions in the International Fire Code, 2015 Edition:
(1) 105.1.1 Permits required. Permits required by this code shall be
obtained from the code official. Permit fees, if any, shall be paid prior to
issuance of the permit. Issued permits shall be kept on the premises
designated therein at all times and shall be readily available for inspection
by the code official. Permits are required for the following:
Type I Permit (include review, inspection, testing, and permit)
Installation of fire sprinkler system.
Modification of any fire protection system.
Installation of underground fire mains.
Installation of smoke control systems.
Installation of fire pumps.
Installation of standpipe system.
Installation of fixed fire protection systems.
Installation of fire alarm.
ORDINANCE NO. 1211-2015
Installation or removal of flammable/combustible liquid storage tank.
Installation of residential automatic fire sprinkler system.
Type II Permits (includes permit and site inspection)
Temporary storage tanks.
Public displays of fireworks.
(2) 307.1 General. No person shall kindle or maintain any type of open fire
or burning, including bonfires, recreational fires, and trench -burn fires as
defined by the Texas Commission on Environmental Quality (TCEQ),
within the city. Such open fires are hereby declared to be a public
nuisance, and their prohibition shall extend to all of the city's extra-
territorial jurisdiction (ETJ) within five thousand (5,000) feet of the city's
corporate limits.
This prohibition does not apply to live firefighting training conducted by
the Fire Department in compliance with TCEQ regulations, barbecue pits
used for cooking, or an approved outdoor fireplace used for warmth that
has three sides and a spark arrestor and complies with Sec. 307. The fire
official may prohibit any or all fires, or order the immediate extinguishment
of any and all fires when, in his sole discretion, atmospheric conditions or
local circumstances make such fires an immediate threat to public safety
or the smoke or ash from such fires becomes a public nuisance.
(3) 503.3 Marking. Where required by the code official, approved signs or
other approved notices shall be provided for fire apparatus access roads
to identify such roads or prohibit the obstruction thereof. Signs or notices
shall be maintained in a clean and legible condition at all times and
replaced or repaired when necessary to provide adequate visibility.
Whenever any provision regarding the regulation of fire lanes contained in
the most recent edition of the International Fire Code adopted by the City
is in conflict with the provisions of this subsection, the provisions of this
subsection shall govern.
The owner, manager, or person in charge of any new or existing building
or property for which fire lanes have been approved or required by the
Fire Marshal or his authorized representative shall mark and maintain
said fire lanes as provided below.
(a) Fire lanes shall not be located immediately adjacent to a
structure if other possible locations exist that are not immediately
adjacent but close enough to give sufficient access to at least
three sides of the structure. The minimum corner radius on the
turns shall be 25' on the inside and 50' on the outside.
(b) All curbs and curb ends shall be painted red with white
lettering four inches (4") high and at least one half -inch ( '/2")
ORDINANCE NO. 1211-2015
stroke, stating "NO PARKING - FIRE LANE". Wording may not be
spaced more than twenty five feet (25') apart. Fire lanes shall be
marked on both sides of access roads so as to assure a minimum
of 24' clear width in the middle of said access roads.
(c) In areas where fire lanes are required but no continuous
curb is available, one of the following methods shall be used, in
conjunction with curb markings where possible, to indicate that the
fire lane is continuous:
(1) Signs that comply with Section D103.6 shall be
mounted conspicuously along the edge of the fire lane,
spaced no more than twenty-five feet (25') apart, and shall
have lettering at least two inches (2") high with three -
eighths inch (3/8") stroke.
(2) From the point the fire lane begins to the point the
fire lane ends, including behind all parking spaces which
adjoin a fire lane, there shall be painted one continuous
red stripe having a minimum width of at least six inches
(6"). Fire lanes shall be stenciled every twenty-five feet
(25') apart "NO PARKING FIRE LANE" with white lettering
four inches (4") high and at least one half -inch (1/2") stroke.
Fire lanes shall be so marked on both sides of the lane.
(4) 505.2.3.1 Construction standards. Fire apparatus access roads shall
be designed and maintained to support the imposed loads of fire
apparatus in all weather conditions. Access roads shall be constructed of
concrete utilizing the standards in the City of Pearland's Engineering
Design Criteria Manual for a public local street, unless an alternative is
approved by the City Engineer.
(5) 506.1.3 When required. All new construction and any existing building
with a monitored fire alarm system shall be required to have a key box
approved by the Fire Marshal.
(6) 609.2.1 Fire suppression. Any domestic cooking appliance installed in a
commercial facility, including foster care facilities, shall provide cooking
fire suppression as approved by the Fire Code Official.
(7) 903.2.6.1 Group I. No sprinklers shall be required in Home and
Community Based Services (HCS) residences for individuals with
intellectual or developmental disabilities regulated by the Texas
Department of Aging and Disability Services (DADS), unless DADS would
otherwise require sprinklers in such homes.
(8) 903.2.8 Group R. An automatic sprinkler system shall be provided
throughout all buildings with a Group R occupancy fire area, including
attached balconies, patios, porches, breezeways, car ports, and porte
cocheres, regardless of fire separations.
ORDINANCE NO. 1211-2015
(9) 903.3.7 Fire department connections. The fire department connection
(FDC) shall be located at a point no further than 20 feet from a fire
apparatus access road, remotely located away from the building collapse
zone at a horizontal distance that is at least one and one-half times the
height of the building on the main street side, and easily accessible to the
Fire Department. The location of the FDC shall be such so as to provide
hose connections that shall not block access to the building or obstruct
other fire apparatus from accessing the building. There shall be an
approved sign as specified by the Fire Marshal designating the address
served by the FDC. A fire hydrant shall be located within one hundred
feet (100') of the FDC measured along a fire apparatus access road.
FDCs shall have a five inch (5") Storz connection and shall include an
approved locking cap as specified by the Fire Marshal.
(10) 904.3.5 Monitoring. Where a building fire alarm system is installed,
automatic fire -extinguishing systems shall be monitored by the building
fire alarm system in accordance with NFPA 72. If the building has no fire
alarm, a local audible and visible alarm notification appliance shall be
required to indicate when the system has activated.
(11) 905.5.1 Location near auditorium. In Group A-1 and A-2 occupancies
with occupant loads of more than 1,000, Class I or Class III hose
connections shall be located on each side of any stage, on each side of
the rear of the auditorium, on each side of the balcony, and on each tier
of dressing rooms.
(12) 907.1.3 Equipment. Systems and their components shall be listed and
approved for the purpose for which they are installed. All new fire alarm
control panels, remote annunciators, and initiating devices shall be
addressable and communication devices shall be monitored by an
approved supervising station in accordance with NFPA 72. The system
shall have occupant notification throughout the building in compliance
with ADA requirements, and manual pull stations shall be required by all
exits regardless of any conflicting provision in the code.
(13) 907.2.1.1 System initiation in Group A occupancies with an
occupant load of 300 or more. All new and existing assembly buildings
with an occupant load of 300 or greater shall install Emergency Voice
Evacuation (EVAC) systems in accordance with NFPA 72.
(14) 907.6.5 Monitoring. Where required by this chapter or the International
Building Code, monitoring shall be provided by an approved supervising
station in accordance with NFPA 72. All alarm activations monitored by
an approved supervising station shall not be subject to pre -qualification.
Instead, the local fire department shall immediately be notified of all alarm
activations.
ORDINANCE NO. 1211-2015
(15) 3405.8 Location of storage. Storage of waste tires in any form,
whether whole, split shredded, or chopped, shall only be allowed in no
more than one (1) enclosed trailer, 8' x 8' x 20' or 1280 ft.3, located on -
site.
10-48. Life safety code adopted.
NFPA 101, Life Safety Code Handbook, 2015 edition, is hereby adopted and
incorporated herein and made a part of hereof for all intents and purposes, and shall
apply for repairs, alterations, renovations, and maintenance of all commercial buildings
and appurtenances thereto. A copy of said code shall be maintained in the office of the
city secretary.
10-49. Local amendments.
The life safety code adopted in Section 10-48 is hereby modified to delete the following
provisions in their entirety:
(1) 12.3.5.1
(2) 24.3.5.1
10-50. Penalty for violation.
(a) Any person, firm or corporation who violates or fails to comply with the
requirements or provisions of the City of Pearland Fire Code or the City of Pearland Life
Safety Code, as herein adopted, shall be deemed guilty of a misdemeanor, and shall,
upon conviction by a court of competent jurisdiction, be punished as provided in section
1-11 of this Code.
(b) In prosecutions under this section, the requirement that a culpable mental state
be pled and proven by the state is hereby waived."
Section 2. Savings. All rights and remedies which have accrued in favor of
the City under this Ordinance and amendments thereto shall be and are preserved for
the benefit of the City.
Section 3. Severability. If any section, subsection, sentence, clause, phrase
or portion of this Ordinance is for any reason held invalid, unconstitutional or otherwise
unenforceable by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct, and independent provision and such holding shall not affect the
validity of the remaining portions thereof.
ORDINANCE NO. 1211-2015
Section 4. Repealer. All ordinances and parts of ordinances in conflict
herewith are hereby repealed but only to the extent of such conflict.
Section 5. Codification. It is the intent of the City Council of the City of
Pearland, Texas, that the provisions of this Ordinance shall be codified in the City's
official Code of Ordinances as provided hereinabove.
Section 6. Effective Date. The City Secretary shall cause this Ordinance, or
its caption and penalty, to be published in the official newspaper of the City of Pearland,
upon passage of such Ordinance. The Ordinance shall then become effective on
January 1, 2016.
PASSED and APPROVED on FIRST READING this the 23rd day of
November, A.D., 2015.
ATTEST:
MA IA E. RO4•
DRIGUE
DEPUTY CITY SECRETAR
o.,,% %um',
u��
'�
•' o:.
_.1. �� - TO EID
_'_:= MAYOR
PASSED and APPROVED on SECOND and FINAL READING this the 7th day
of December, A.D., 2015.
,)„ E.-t-d
TOM REID
MAYOR
ATTEST:
M IA E. RODRIGUEZ
DEPUTY CITY SECRETARY
APPROVED AS TO FORM
DARRIN M. COKER
CITY ATTORNEY
VOTING RECORD SECOND AND FINAL READING
December 7, 2015
Voting "Aye" — Councilmembers Moore, Reed, Carbone, and
Ordeneaux,
Voting "No" — 0.
Motion passes 4 to 0. Councilmember Hill Absent.
PUBLICATION DATE: December 10, 2015
EFFECTIVE DATE: January 1, 2016
PUBLISHED AS REQUIRED BY SECTION 3.10 OF
THE CHARTER OF THE CITY OF PEARLAND, TEXAS
Page 4 of 10
Ord. No CUP 2015-11
Ordinance No. 1211-2015
STATE OF TEXAS
COUNTY OF BRAZORIA
Personally appeared before the undersigned, a Notary Public within and for said County and State.
Buzz Crainer, Representative for Brenda Miller Fergerson, Publisher of the Pearland Journal,
a newspaper of general circulation in the County of Brazoria, State of Texas. Who being duly
sworn, states under oath that the report of Ord. #1211-2015 a true copy of which is
hereto annexed was published in said newspapers in its issue(s) of December 17, 2015.
ublisher's Representative
Sworn to ai subscribed before rr this 23/G' day of (Pi, i - 2015.
Notary P'ublic
My commission expires on
ORDINANCE NO. 1211-2015
An ordinance of the city council of the City of Pearland,
Texas, amending Chapter 10, Fire Prevention and
Protection, of the City of Pearland Code of Ordinances,
as It may have been, from time to time, amended, to
amend Article III, entitled Fire Code; having a savings
clause, a severability clause, and a repealer clause;
and providing for codification and an effective date.
10-50. Penalty for violation.
(a) Any person, firm or corporation who violates or fails to
comply with the requirements or provisions of the City of Pearland Fire
Code or the City of Pearland Life Safety Code, as herein adopted, shall
be deemed guilty of a misdemeanor, and shall, upon conviction by a
court of competent jurisdiction, be punished as provided in section
1-11 of this Code.
PASSED and APPROVED ON SECOND AND FINAL READING
this the 7th day of December, A. D., 2015
ATTEST:
/S/
YOUNG LORFING, TRMC
CITY SECRETARY
APPROVED AS TO FORM
/S/
DARRIN M. COKER
CITY ATTORNEY
/S/
TOM REID
MAYOR
VOTING RECORD SECOND AND FINAL REAMING
December 7, 2015
Voting `Aye" - Councilmembers Moore, Reed,
Carbone, and Ordeneaux,
Voting *No" - O.
Motion passes 4 to O. Councilmember Hill Absent.
PUBLICATION DATE: December 17, 2015
EFFECTIVE DATE: January 1, 2016
PUBLISHED AS REQUIRED BY SECTION 3.10 OF
1HE CHARTER OF THE CITY OF PEARLAND, TEXAS